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"Never under any condition should this nation look at an immigrant as primarily a labor unit. He should always be looked at primarily as a future citizen."-Theodore Roosevelt, 1917

"It is not possible to be in favor of justice for some people and not be in favor of justice for all people."-Dr. Martin Luther King, Jr.

"Isaona i tumungo’ ya ha sedi, ki ayo i mismo umisagui hao. Greater is the fault of he who allows the injustice upon himself. "-Chamorro proverb

"There can be no tyrants where there are no slaves." -Jose Rizal

"I am not interested in picking up crumbs of compassion thrown from the table of someone who considers himself my master. I want the full menu of rights." -Bishop Desmond Tutu

Disclaimer: This is not a legal blog. No opinion or statement should be perceived as legal advice. All posts are the opinion of the author or contributors who are expressing their First Amendment Rights.

Sentencing for CNMI ex-Governor Benigno Fitial has been rescheduled to June 24, 2015.

George Hasselback, attorney for the Office of the Public Auditor, is asking Superior Court Associate Judge David Wiseman to impose a two-year sentence with no chance for parole, a ten year ban on government employment in the CNMI, and a fine of no less than $5,000 for conspiring to commit theft of services related to the great escape of ex-Attorney General Edward Buckingham. (See these related posts.) The office of the Attorney General recommended the maximum sentence of one year in jail for misconduct in office and a fine of an undisclosed amount.

Fitial's attorney Stephen Nutting asked the court for leniency:

“Subjecting Mr. Fitial to further punishment in the way of a term of incarceration as will be recommended by the government, would not serve the interests of justice, nor would it serve the interests of the commonwealth. Further punishment would only serve the demand for senseless retribution voiced by those few adversaries who either fail, or are unwilling to recognize all of the positive things Mr. Fitial did for the commonwealth while he was in the executive office and over the course of his long and distinguished career.

On behalf of Mr. Fitial, counsel respectfully recommends that if the court determines a term of imprisonment should be imposed, that it be suspended in its entirety, on the condition that Mr. Fitial pay an appropriate fine and restitution for any loss to the commonwealth which might be proven for the crimes he now stands to answer for.”

A few adversaries? How about tens of thousands of foreign workers who suffered abused under this tyrant's reign? Consider all of the garment workers who were denied proper pay and benefits and suffered incredible injustices under the rule of officers Fitial and Inos in Tan's sweatshops over the span of decades.

Consider his role in preventing justice for the legal, longterm nonresident workers and their families. It was Fitial who solicited the support of high ranking Guamanian racists to manage to get the provision that would give the CNMI's legal nonresidents a pathway to citizenship removed from the CNRA. The legal, nonresidents workers who have lived and worked in the CNMI for 5, 10, 15, 20 or more years can thank Benigno Fitial for their current unstable and undeserved immigration status.

Remember all of the anti-worker, racists rallies led by Fitial and his racist followers? (Read about some here, here, and here.)The long-suffering nonresident still have no justice due in great part to this man whose agenda is anything but just.

Nutting touted Fitial's service to the CNMI and his "long and distinguished career" in his ten-page report to the court. Yes, indeed, his care was "long and distinguished as a corrupt, self-serving politician.

Fitial's "long and distinguished career" is based in large part on unethical and sleazy deals made with lobbyist and former U.S. Congressman, including felon-lobbyist Jack Abramoff (read about some connections here) and his foot soldiers former Rep. Bob Schaffer (read story here), former Rep. Dana Rohrabacher (read story here), former Rep. Tom DeLay (read story here), former Rep. John Doolittle (read story here), former Chief of staff for former rep. John Doolittle and Abramoff deputy, Kevin Ring (read story here).

It is ironic that Nutting mentioned that Fitial served as Speaker of the CNMI House, as if that was a positive in considering leniency in sentencing. Fitial's "long and distinguished career" as a politician includes the nefarious, back door deal that he made with lobbyist-convicted felon Jack Abramoff to secure the office of Speaker of the House in 1999. Fitial was to get the speakership so he could ensure that the CNMI could continue to pay millions of dollars to Abramoff to lobby against alien workers' rights, to delay federalization of the minimum wage and to prevent implementation of federal immigration laws. Fitial's speakership scheme also involved former U.S. House Majority Whip Tom DeLay (R-TX), and Jack Abramoff's side-kicks convicted felon Michael Scanlon and Ed Buckham. (Read the story here, here and here.)

All in all, Abramoff drained over $11 million from the CNMI coffers. That didn't hurt the people of the CNMI who needed money for infrastructure, schools, health care and other programs?

Nutting wrote:

“It is worth noting that out of [the] four events [contained in a May 1, 2014 information filed against Fitial in court], there were no claims made by the government that Mr. Fitial personally profited from any of the crimes charged. In fact, it appears that the only personal benefit he received from all the actions which supported the charges that were filed against him was the massage therapy he received from the former [detainee],” said Nutting.

Who can forget Massage-gate when the governor, aided by CNMI officials from the Department of Corrections, released his masseuse to give him a late-evening massage at his mansion. Abuse of powers, much?

Did Fitial profit from his long career as a corrupt politician? If power is an advantage, then the answer is 'yes'. Most of Fitial's crimes involved using political power to advance his career or the careers of his political allies. He was on the CNMI payroll while serving in the CNMI House and while serving as Governor. His corruption and political reign resulted in a human cost. No one can put a price on that.

If I were to sentence Fitial, I would not excuse ill-health or consider supposed "service" to the people of the CNMI. I would consider all of the money that he drained from the CNMI coffers to advance a self-serving and racist agenda at the expense of innocent community members and nonresident workers and their families. I would sentence him to the maximum years of prison time without a chance of parole, 1,000 hours of community service to be conducted in the CNMI, a lifetime ban from government employment and I would revoke any retirement benefits that he receives from the CNMI.

4
comments:

Anonymous
said...

Mrs. Doromal, your no different from the great Ben Fitial....Your also the problem: RACIST, LOTS of HATRED, LACK of COMMON SENSE, CRITICIZER, and NO SOLUTIONS just to name a few....For an advocate, your just blabbing away creating problems instead of SOLUTIONS...Many guest workers lost CONFIDENCE in you becuz some now understands how the political system works...They are learning by working the system than attacking the system like you do...They are being EDUCATED and definitely its not coming from you. That is why I say, " Your no different from the great Ben Fitial," because these guest workers say it. FOOD FOR THOUGHT!

Your wrong. Just compare. Fitial took money from people and she used her money to help people. Fitial was a leader and she's a citizen. Fitial tried to hurt workers and she tried to help them. Her solutions are in her testimony. Thanks ma'm Wendy for helping us.